Federal Circuit Finds Patent Not Infringed After Reversing Claim Construction That Violated “Grammatical Principles” to Cover All Embodiments

Jan 20, 2021Federal Circuit, Non-Infringement, Claim Construction, Summary Judgment

The Federal Circuit reversed a summary judgment order of infringement after interpreting an asserted claim of U.S. Patent No. 9,736,689 (the “ʼ689 Patent”) more narrowly than the district court. In short, the district court erred when, and despite claim language to the contrary, it treated certain claim elements as “optional” in an effort to cover all disclosed embodiments. Because the patentee did not offer evidence of infringement under the correct construction, the Federal Circuit ordered the district court to enter summary judgment of noninfringement.

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